Can a Tampa HOA or Condo Association Restrict Long-Term Rentals?
by Platuni | 06 Oct, 2026 | 5 mins read
Platuni
06 October, 2026
5 mins read
1. The grandfathering rule: when a new restriction doesn't reach you
Section 718.110(13) draws a clean line for condominiums: an amendment that prohibits renting, changes the minimum rental term, or limits how many times a unit can be rented in a given period applies only to two groups, owners who vote for it or otherwise consent, and owners who buy their unit after the amendment takes effect. An owner who held title before the amendment and never consented keeps renting under whatever rules existed when they bought in, indefinitely. The statute carries no expiration or trigger date; it applies to a qualifying amendment whenever it was adopted.
Section 720.306(1)(h) gives HOA owners the same basic protection, with one difference: it only reaches amendments enacted after July 1, 2021. An HOA rental restriction adopted before that date doesn't get this grandfathering analysis at all under this particular provision; an amendment adopted after it does.
2. HOAs can bind every owner to a short-term rental ban; condos cannot
Buried inside the same HOA statute is a carve-out that reverses the grandfathering rule entirely. An HOA may adopt or amend its governing documents to prohibit rental agreements shorter than 6 months, or to cap the number of rentals at three per calendar year, and "such amendments shall apply to all parcel owners," including owners who never consented and bought in long before the amendment passed.
Nothing comparable exists for condos. Section 718.110(13) treats a short-term rental ban exactly the same as any other rental restriction: it still needs the owner's consent or a post-amendment purchase to bind that specific owner. A Tampa HOA board can force a vacation-rental ban onto an unwilling long-term owner in a way a condo board legally cannot.
3. Rental caps, waiting lists, and occupancy rules live in the declaration
Neither statute sets a numeric rental cap, defines a waiting list, or mandates an owner-occupancy ratio. A board that wants to limit what share of units can be leased at any one time, or require an owner to live in the unit for a period before renting it out, writes that rule into the declaration itself, and the declaration is the only place to find the actual number. The grandfathering analysis from the first section still governs whether a newly adopted version of that rule reaches an existing owner, but the substance of the rule, how many units, how long a waiting list runs, has no statutory floor or ceiling.
4. Condo and HOA rental restrictions, side by side
| Condo (Chapter 718) | HOA (Chapter 720) | |
|---|---|---|
| Grandfathering for owners who don't consent | Yes, for any qualifying rental restriction, any adoption date | Yes, but only for amendments adopted after July 1, 2021 |
| Short-term rental ban (under 6 months) | Needs consent or new-owner status like any other restriction | Can bind all owners without consent |
| Rental frequency cap (3x/year carve-out) | No equivalent carve-out | Can bind all owners without consent |
| Numeric rental caps, waiting lists, occupancy minimums | Set entirely by declaration | Set entirely by declaration |
| Statutory trigger date for the rule to apply | None | July 1, 2021 |
5. A Tampa-specific wrinkle worth checking separately
Hillsborough County's commission approved a short-term rental registration ordinance in September 2026: a $200 annual registration fee, a required local contact person, and a $50 fee for missing a scheduled inspection, taking effect January 1, 2027. That ordinance applies to unincorporated parts of the county. It does not automatically apply inside the city of Tampa, Temple Terrace, or Plant City, though any of those cities could choose to adopt a similar rule on its own.
This is a separate regulatory track from everything above. An HOA or condo's own rental restrictions come from its declaration and Chapters 718 or 720. A county or city short-term rental registration requirement is a local-government rule layered on top, and whether it reaches a specific Tampa address depends on whether that address sits inside city limits.
6. Records to keep before marketing a rental
Keep a copy of the rental-restriction amendment itself, with its adoption date, alongside proof of when the current owner took title, since those two dates are what a grandfathering claim rests on. If the owner consented to a later amendment, keep that consent record too, since it overrides an otherwise-available grandfathering argument. If the restriction in question is a short-term rental ban or frequency cap in an HOA, note that separately, since the normal grandfathering analysis doesn't apply to it.
Substantive review means an editor or reviewer checked this article against the current statute text and the recent Hillsborough County ordinance reporting. Numeric rental caps, waiting lists, and owner-occupancy rules are set entirely by each community's declaration, not by state statute; verify the specific terms and the amendment's adoption date with the association or a Florida community association attorney before relying on this for a specific leasing decision. This is general information, not legal advice. Corrections: compliance@platuni.com
Frequently asked questions
If my Tampa HOA passes a new rental cap, does it apply to me if I already own there?
Not if you never consented to it and the amendment was adopted after July 1, 2021; you keep your prior rental rights under the grandfathering rule, unless the restriction is a short-term rental ban or a three-rentals-per-year cap.
Does the same grandfathering rule apply to condos?
Yes, and more broadly. A condo's rental-restriction amendment needs an owner's consent or a post-amendment purchase to bind that owner, with no exception for short-term rentals and no trigger date limiting which amendments qualify.
Can my HOA ban short-term rentals even though I was already renting my home that way?
Yes. State law lets an HOA adopt a ban on rentals under 6 months, or a cap of three rentals a year, that applies to every owner regardless of when they bought or whether they consented.
Does Hillsborough County's new short-term rental rule apply to my Tampa address?
Only if the address is in unincorporated Hillsborough County. The ordinance, effective January 1, 2027, does not automatically apply inside Tampa's city limits.
Where do I find the actual rental cap or waiting-list rules for my specific community?
In the declaration itself. Neither the condo nor the HOA statute sets a rental-cap percentage or waiting-list structure; that number comes entirely from the community's own governing documents.
Stay Informed
Subscribe to the Platuni B2B Newsletter to receive industry insights,
new feature announcements, and exclusive growth reports